Last Updated January 1, 2019
Welcome to SpeedGeek. The
www.speedgeek.com website is "SpeedGeek Property" and by using any SpeedGeek Property and its related services, products, and software, you agree to be
bound by these terms ("Conditions of Use"). You also accept the Conditions of Use when you use any of our services or browse our website. Additional or separate terms may apply to your interactions with other SpeedGeek websites and locations, and to your use of individual services or features available on a SpeedGeek Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Conditions of Use, the provisions of the additional terms will govern. References to "SpeedGeek," "our," "we," or "us" may refer to SpeedGeek Inc or our SpeedGeek office. We may make changes to any SpeedGeek Property and the Conditions of Use. It is your responsibility to review the Conditions of Use for updates or changes. If you do not agree with the Conditions of Use, you should not use the SpeedGeek services or visit our websites.
Information on Our Site
We try to be as accurate as possible. However, we do not warrant that product descriptions or other SpeedGeek Property content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change.
Proprietary Rights
All content included on or comprising the SpeedGeek Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and SpeedGeek owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy,scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The SpeedGeek
logo and other trademarks on the SpeedGeek Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with
permission by SpeedGeek and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content
You may interact with the SpeedGeek Properties in numerous ways, including Reviews & Ratings, videos, Questions and Answers, testimonials, and e-mail communication. You hereby grant SpeedGeek a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant
us the right to use the name you use when you submit content to us, in connection with that content. When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Notification of Copyright Infringement
Under the Digital Millennium Copyright Act (DMCA) If you believe that your copyrighted material may have been infringed, please provide us with the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
· Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your
e-mail address.
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimers and Limitation of Liability
THE SITE AND ALL
INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY SPEEDGEEK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMANGE CAUSED BY PRODUCTS YOU PURCHSE THROUGH THE SITE, OR FOR SPEEDGEEK'S GROSS NEGLIGENCE, INTENTIONAL, WILLFULL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
Links to Third-Party Websites
SpeedGeek Properties contain links to other sites operated by third parties ("Third-Party Site(s)"). These links are available for your convenience and are intended
only to enable access to these Third-Party Sites and for no other purpose. SpeedGeek does not warrant or make any representation about the substance, quality,
functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on a SpeedGeek Property does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Conditions of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Export
Certain software or other materials ("Software") that you may obtain through the SpeedGeek Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
Security
You are responsible for maintaining the confidentiality of your accounts and passwords and for restricting access to your computer or device. You agree to not share any
account credentials with others. You may use the SpeedGeek Properties only for lawful purposes. Activities including, but not limited to, tampering with any SpeedGeek
Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the SpeedGeek Properties are prohibited.
You may not violate or attempt to violate the security of the SpeedGeek Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any SpeedGeek Property for unintended purposes or trying to change the behavior of any SpeedGeek Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper
authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any SpeedGeek Property, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of SpeedGeek (impersonating SpeedGeek) or to any SpeedGeek Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of SpeedGeek, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any SpeedGeek Property or any activity being conducted on any SpeedGeek Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any SpeedGeek Property other than the search engine and search agents we provide and generally publicly available browsers.
Applicable Law
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NEW YORK), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE CONDITIONS OF USE AND APPLY TO ANY DISPUTES
OR CLAIMS AGAINST SPEEDGEEK ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF ANY SPEEDGEEK PROPERTY OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY SPEEDGEEK OR THROUGH ANY SPEEDGEEK PROPERTY.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the SpeedGeek Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any SpeedGeek Property at any time without prior notice.
You can opt-out of receiving further marketing from SpeedGeek at any time! We will send you information about our various products and services, or other products and services we feel may be of interest to you. If you do not want to receive such mailings, simply tell us when you give us your personal information or use the unsubscribe link at the bottom of every e-mail.
Privacy
At SpeedGeek your right to privacy and data security is a primary concern. Below are the guidelines we use for protecting the information you provide us during a visit to www.speedgeek.com:
SpeedGeek only asks for specific types of personal information, in a few areas on our Web site and online customer support tools, we ask you to provide information that will enable us to enhance your site visit, to assist you with technical support issues or to follow up with you after your visit. We may ask for your name, e-mail, phone, address, type of business, customer preference information, as well as other similar personal information that is needed to register or subscribe you to services or offers. SpeedGeek is the sole owner of this information. We do not sell or share this information with others in ways different from what is disclosed in this statement. The information you provide will be kept confidential and used to support your customer relationship with SpeedGeek. Among other things, we want to help you quickly find information on speedgeek.com and alert you to product upgrades, special offers, updated information and other new products and services. Agents or contractors of SpeedGeek who have access to your personal information and prospect information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for SpeedGeek. SpeedGeek may enhance or merge your information collected at its site with data from third parties for purposes of marketing SpeedGeek products or services to you.